Effective in relation to convictions on or after 28 June 2022
Care should be taken to avoid double counting factors including those already taken into account in assessing culpability or harm or those inherent in the offence
See below for the statutory provisions.
- Note the requirement for the court to state that the offence has been so aggravated.
- Note this statutory factor only applies to certain violent offences as listed below.
- For other offences the aggravating factor relating to offences committed against those working in the public sector or providing a service to the public can be applied where relevant.
The Sentencing Code states:
68A Assaults on those providing a public service etc
(1) This section applies where—
(a) a court is considering the seriousness of an offence listed in subsection (3), and
(b) the offence is not aggravated under section 67(2).
(2) If the offence was committed against a person providing a public service, performing a public duty or providing services to the public, the court—
(a) must treat that fact as an aggravating factor, and
(b) must state in open court that the offence is so aggravated.
(3) The offences referred to in subsection (1) are—
(a) an offence of common assault or battery, except where section 1 of the Assaults on Emergency Workers (Offences) Act 2018 applies;
(b) an offence under any of the following provisions of the Offences against the Person Act 1861—
(i) section 16 (threats to kill);
(ii) section 18 (wounding with intent to cause grievous bodily harm);
(iii) section 20 (malicious wounding);
(iv) section 47 (assault occasioning actual bodily harm);
(c) an inchoate offence in relation to any of the preceding offences.
(4) In this section—
(a) a reference to providing services to the public includes a reference to providing goods or facilities to the public;
(b) a reference to the public includes a reference to a section of the public.
(5) Nothing in this section prevents a court from treating the fact that an offence was committed against a person providing a public service, performing a public duty or providing services to the public as an aggravating factor in relation to offences not listed in subsection (3).
(6) This section has effect in relation to a person who is convicted of the offence on or after the date on which section 156 of the Police, Crime, Sentencing and Courts Act 2022 comes into force.